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HomeMy WebLinkAboutCh 91 License0 0�e Toramanweal of -- Morristown, -- in the State of -- New Jersey —and , has applied to the Department of Environmental Protection for license to -- maintain a stone seawall, ramp and pile -held floats ------------------------- and has submitted plans of the same; and whereas due notice of 40 said application, fin, has been given, as required by law, to the -- Board of Selectmen -- of the Town of -- Yarmouth; --------- ; said Department, having heard all parties desiring to be heard, and having fully considered said application, hereby, subject to the approval of the Governor, authorizes and licenses thesaid-------_-------_------_---------_------------------------- Salvator F. Vitella --, subject to the provisions of the ninety-first chapter of the General Laws, and of all laws which are or may be in force applicable thereto, to -- maintain a stone seawall, ramp and pile -held floats -------------------------------- in and ove -- Town -- shown and No. 3413, r the waters of -- Snug Harbor (Bass River) --- in the of -- Yarmouth -- and in accordance with the locations details indicated on the accompanying DEP License Plan (1 sheet). PRINTED ON RECYCLED PAPER License No. 3413 Page 2 The structures hereby authorized shall be limited to the following use; noncommercial docking and boating access to navigable waters and shoreline stabilization for the protection of existing structures. This license is valid for 99 years from the date of license issuance. Please see page 3 for additional conditionfi to th;�___-- 0 Duplicate of said plan, number 3413 is on file in the office of said Department, and original of said plan accompanies this License, and is IS to be referred to as a part hereof. 0 License No. 3413 STANDARD IATEPWAYS LICENSE CONDITIONS Page --� I. Acceptance of this waterways License shall constitute an agreement by the Licensee to conform with all terms and conditions stated herein. 2. This License is granted upon the express condition that any and all other applicable authorizations necessitated due to the provisions hereof shall be secured by the Licensee prior to the commencement of any activity or use authorized pursuant to this License. 3. Any change in use or any substantial structural alteration of any structure or fill authorized herein shall require the issuance by the Department of a new Waterways License in accordance with the provisions and procedures established in Chapter 91 of the Massachusetts General saws. Any unauthorized substantial change in use or unauthorized substantial structural alteration of any structure or fill authorized herein shall render this Waterways License void. 4. This waterways License shall be revocable by the Department for noncompliance with the terms and conditions set forth herein. This license may be revoked after the Department has given written notice of the alleged noncompliance to the Licensee and,those persons who have filed a written request for such notice with the Department and afforded them a reasonable opportunity to correct said noncompliance. Failure to correct said noncompliance after the issuance of a written notice by the Department shall render this waterways License void and the commonwealth may proceed to remove or cause removal of any structure or fill authorized herein at the expense of the Licensee, its successors and assigns as an unauthorized and unlawful structure and/or fill. 5. The structures and/or fill authorized herein shall be maintained in good repair and in accordance with the terms and conditions stated herein and the details indicated on the accompanying license plans, 6. Nothing in this waterways License shall be construed as authorizing encroachment in, on or over property not owned or controlled by the Licensee, except with the written consent of the owner or owners thereof. 7. This Waterways License is granted subject to all applicable Federal, State, County, and Municipal laws, ordinances and regulations including but not limited to a valid final order of conditions issued pursuant to the wetlands Protection Act, G.L. Chapter 131, s.40. 8. This waterways License is granted upon the express condition that the use of the structures and/or fill authorized hereby shall be in strict conformance with all applicable requirements and authorizations of the DEP, Division of Water Pollution Control. 9. in accordance with the public easement that exists by law on private tidelands, the licensee shall allow the public to use and to pass freely upon the area of the subject property lying between the high and low water marks, forthe purposes of fishing, fowling, navigation, and the natural derivatives thereof. No restriction on the exercise of such public rights within the intertidal area shall be imposed unless otherwise expressly provided in this license. 10. 'Unless otherwise expressly provided by this license, the licensee shall not limit the hours of availability of any areas of the subject property designated for public Passage, nor place any gates, fences, or other structures on such areas in a manner 10 that would impede or discourage the free flow of pedestrian movement thereon. 0 License No. 3413 Page 4 The amount of tide -water displaced by the work hereby authorized has been ascertained by said Department-, and compensation thereof has been made by the said -- Salvator F. Vitella -- by paying into the treasury of the Commonwealth -- two dollars and zero cents ($2.00) -- for each cubic yard so displaced, being the amount hereby assessed by said Department (42.0 cu.yds. = $84.00). Nothing in this License shall be so construed as to impair the legal rights of any person. This License shall be void unless the same and the accompanying plan are recorded within 60 days from the date hereof, in•the Registry of Deeds for the County of Barnstable. IN WITNESS WHEREAS, said Department of Environmental Protection have hereunto set their hands this twenty-t1v:4d day of Jay in the year nineteen hundred and n i.nety--thAee. Commissioner Director Section Chief THE COMMONWEALTH OF MASSACHUSETTS Department of Environmental Protection This license is approved in consideration of the payment into the treasury of the Commonwealth by the said -- Salvator F. Vitella -- of the .further sum of -- five hundred eighty six dollars and zero cents ($586.00) -- the amount determined by the Governor as a just and equitable charge for rights and privileges hereby granted in the land of the Commonwealth. BOSTON, 0 Approved by the Governor. Governor